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MCQs · Q6

Q.A well-established practice that is customarily followed by merchants in a particular trade, and which becomes part of a contract unless the parties expressly exclude it, is known as:

(a) Judicial precedent
(b) Mercantile usage
(c) Delegated legislation
(d) A statutory provision
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Why (b) is correct: Mercantile usage refers to a well-established, uniform practice followed specifically within a particular trade or business. Where a written contract in that trade is silent on a point, courts read the established usage of that trade INTO the contract — unless the parties have expressly excluded it. This is exactly the definition given in the question stem.

Why the distractors are wrong:

  • (a) Judicial precedent is a court's binding DECISION on a point of law in a specific case — it is a source of law created by judges, not a trade practice followed by merchants. …

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